MOHAN LAL GOENKA AND ANOTHER vs THE STATE OF WEST BENGAL

The Supreme Court held that the Mines Creche Rules, 1946, framed under Section 30(bb) of the Mines Act, 1923, survived the repeal of the 1923 Act and continued to be in force under Section 58(d) of the Mines Act, 1952, due to the overlap in provisions. The court established that under Section 18(1) of the Mines Act, 1952, the owner, agent, and manager are responsible for compliance with these rules, and the manager can be deemed guilty of contravention unless he proves reasonable measures were taken to prevent it. The conviction of the appellants for breaching the rules was upheld, affirming their liability under the law.